Oral fluid or blood sample or results of analysis etc not to be used for other purposes
8 Oral fluid or blood sample or results of analysis etc not to be used for other purposes
A sample of oral fluid or blood taken under section 47E, 47EAA or 47I (and any other forensic material taken incidentally during a drug screening test, oral fluid analysis or blood test) must not be used except—
for a purpose contemplated by this Act (including for the purpose of civil proceedings of a kind referred to in subclause (2)(b));
or
for research for prescribed purposes relating to drugs (whether prescribed drugs (as defined in section 47A) or other drugs) present in the oral fluid or blood of drivers, provided that—
the research may only be released, disclosed or used in a manner such that personal information from any sample used in the research is de‑identified so that the information is no longer about an identifiable person; and
DNA analysis of a sample is not conducted.
The results of a drug screening test, oral fluid analysis or blood test under Part 3
Division 5, an admission or statement made by a person relating to such a drug screening test, oral fluid analysis or blood test, or any evidence taken in proceedings relating to such a drug screening test, oral fluid analysis or blood test (or transcript of such evidence) will not be admissible in evidence against the person who submitted to the drug screening test, oral fluid analysis or blood test in any proceedings other than—
proceedings for—
an offence against this Act; or
an offence against the Motor
Vehicles Act 1959;
or
a driving‑related offence; or
an offence against the Controlled
Substances Act 1984;
or
if the test or analysis occurred in connection with the person's involvement in an accident—civil proceedings in connection with death or bodily injury caused by or arising out of the use of a motor vehicle involved in the accident (including proceedings under section 116 or 124A of the Motor
Vehicles Act 1959 for the recovery from the person of money paid or costs incurred by the nominal defendant or an insurer).
In this clause—
death or bodily injury caused by or arising out of the use of a motor vehicle—death or bodily injury will be regarded as being caused by or arising out of the use of a motor vehicle if the death or bodily injury is regarded as being caused by or arising out of the use of a motor vehicle for the purposes of Part 4 and Schedule 4 of the
Motor
Vehicles Act 1959;
nominal defendant has the same meaning as in Part 4 of the Motor
Vehicles Act 1959;
proceedings for a driving-related offence means proceedings for an offence where the conduct with which the defendant is charged involves driving a vehicle.
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